E NEY GENE-I. 

EXAS 

Honorable Theophllus S. Painter, President 

The University of Texas 

University Station, 

Austin, Texas 

Dear Sir: Opinion No. O-7091 

Re: Whether or not the Board of 

Regents‘of the University of 

Texas can legally expend money 

from the Available University 

Fund for the purposes set out 

herein. 

We have your request of July 8, 1946, which reads as 

follows: 

"Your department in Opinion No:~O-4510; addressed 

to the President of The University of'Texas; held in 

effect that the Board of Regentsof~The University of 

Texas had the authority"to acquire property by conveyance from the United States Govern&t to' be used as a 

site for an oceanography laboratory on the Gulf of 

Mexico. 

"The University now expects to acquire title to 

this property In the near future tionsistlng of approximately eleven acres of land on Mustang Island 

fronting on the Gulf of Mexico near~the'town of Port 

Aransas to be'used as a site for'a 'tirine or oceanography laboratory. There is~ now lbti~atizd bn~ said 

premises an old buil.dIng fornierlg'usea'as is field office by the United States Army Engineers, and'the conveyance from~the Government is to include these improvements. _ 

"Assuming that the Board of Regents of The*University of Texas does acquire title'to~this'property, 

together with the 'improvements sltuat6d thtireon, will 

you' please advise me whether 'oriiot'the Regents could 

legally expend money from the AvCiilable'Uhivei%ity'Fund 

for the purpose of repairing, remodellng~ and improving 

said building now on said premises‘ fbr~%hk purpose of 

housing a laboratory for the study~of~ marine science or 

oceanography in connection with courses of study given 

in The University of Texas at Austin, Texas. 
Hon. Theophilus S. Painter, page 2 O-7091 

"Furthermore, will you please advise me whether 

or not the Regents can legally expend money from the 

Available University Fund for the purposes of erecting 

new bulldings and other improvements on said slte for 

the purpose of a marine'laboratory In connectlon with 

study and research of oceanography 'or marine science, 

the results of which study and research is to be used 

in connection with instruction and study of',:co;rses 

given at the Main University at Austin, Texas. 

We believe that the answer to'both your questions is 

determined by Article 2592, V.A.C.S., applicable portions of which 

we quote: 

"The Board of Regents of the University of Texas 

and the Board of Directors of the-Agricultural Andy 

Mechanical College,of Texas shall; with the approval 

of the Legislature, expend the Available University 

Fund for the construction of buildings on the campuses 

of thelr respective institutions'ahd for the extension 

and improvement of their campuses'and for the equipment of buildings thereon In the proportions and amounts 

hereinafter indicated; * * * *II 

Whether this statute is deemed mandatory or merely di-' 

rectory, it strongly negatives the idea that any improvements may 

be made on the land in question out of the Available University 

Fund, and we are unable to find such authority elsewhere. Of 

course, money8 from such fund can be secured through proper legislation. 

Therefore, we must answer both your questions In the 

negative. 

Very truly yours 

ATTORNEY GENERAL OF TEXAS 

By s/Woodrow Edwards 

Woodrow Edwards 

Assistant 

WE-bw-WC 

APPROVED JULY 24, 1946 

s/w.V. Geppert 

, 

(Acting) ATTORNEY GENERAL OF TEXAS 

Approved Opinion Committee By s/A.L.W. Chairman